ATHLETE TERMS AND CONDITIONS

These Athlete Terms and Conditions form a part of and are incorporated into that certain Agreement (“Agreement”) between Gymfinite and Athlete. Capitalized terms used in these Athlete Terms and Conditions shall have the same meanings ascribed to them in the Agreement unless otherwise defined herein. In the event of a conflict between these Athlete Terms and Conditions and the terms and conditions of the Agreement, these Athlete Terms and Conditions shall control unless otherwise expressly and unambiguously provided in the Agreement. These Athlete Terms and Conditions may be modified at any time in the sole and absolute discretion of Gymfinite and shall survive the termination of the Agreement for any reason.

Notwithstanding anything to the contrary in the Agreement, Athlete acknowledges and agrees that his or her access to and use of the Website, and access to and use of the Gym(s) within his or her Plan, are subject to and expressly conditioned upon the following covenants, conditions, restrictions and limitations:

1. Athlete shall be in full compliance with all of the terms and conditions of the Agreement, including, without limitation, timely payment of the fees and all other amounts provided therein. Athlete shall also be in full compliance with any and all policies, procedures, terms and/or conditions (collectively, “Policies”) posted on the Website or of which Athlete has otherwise been made aware, including, without limitation, the Terms of Use, Privacy Policy and Refund and Return Policy posted on the Website. Athlete acknowledges and agrees that all Policies are subject to change at any time and for any reason in Gymfinite’s sole and absolute discretion.
2. Athlete acknowledges and agrees that he or she shall be required to comply with all of the policies, procedures, terms and conditions of the Gym(s), and that such Gym(s) may require that Athlete pay fees or other costs, in addition to the fees and other amounts owed to Gymfinite, for specified classes and/or activities, in which event Athlete shall be solely responsible for the timely payment of such fees and costs. Athlete further acknowledges that the Gym(s) may require Athlete to sign releases and/or other documents before Athlete is permitted to use the Gym(s), in which event Athlete agrees to execute such releases and/or other documents prior to accessing or using the Gym(s).
3. Athlete shall use solely the Website when checking into the Gym(s), and Athlete shall not engage in “false check-ins,” i.e., checking into a Gym and failing to use the equipment, classes, services and/or amenities offered by the Gym. Athlete will receive a push notification when he or she is checked into a Gym by any means other than through each such Athlete’s personal identification code.
4. Athlete acknowledges and agrees that his or her access to and use of the Website, and access to and use of the Gym(s), may be delayed or terminated, in the sole and absolute discretion of Gymfinite, in the event (i) Athlete fails to timely pay any fees or other amounts owed to Gymfinite; (ii) any fees or other amounts owed to Gymfinite are subject to chargebacks by credit card companies; (iii) Athlete files for bankruptcy or other protection relating to his or her credit; (iv) Athlete fails to timely pay any fees or other amounts due to any of the Gyms; (v) Athlete fails to satisfy any of his or her obligations under the Agreement; or (vi) any other reason in Gymfinite’s sole and absolute discretion.
5. Gymfinite reserves the right to communicate with Athlete at any and all times regarding his or her experiences and satisfaction with the Gym(s) and to confirm that Athlete’s access to and use of the Gym(s) is in compliance with Gymfinite’s agreements and policies.

© 2015 Gymfinite Inc.